An Order requiring the removal of an unauthorized driveway at the property located at 3220 E. Hancock Street

Recitals:

  1. The planter strip in front of the property located at 3220 E. Hancock Street has been filled with concrete blocks and ramps have been placed in the gutter, resulting in an unauthorized driveway at the property.
  1. Such unauthorized driveway violates Newberg Municipal Code (NMC) §10.10.070, §12.05.160, §12.05.180, §12.05.190, §12.05.250, and §15.505.200.
  1. On February 4, 2014, after receiving proper notice of the code violations, the property owners requested approval for the construction of a driveway in front of the property. The city of Newberg engineering and planning and building departments denied the request via letter, proposing an alternative driveway configuration for the development.
  1. A notice to abate the nuisance was timely and properly given as required by the NMC.
  1. In response, the owners filed a timely written statement protesting that no nuisance exists.
  1. On April 21, 2014, the Newberg city council held a hearing to determine whether or not the construction of the unauthorized driveway violates NMC and constitutes a nuisance.
  1. The Newberg city council finds the unauthorized driveway violates the NMC requirements and constitutes a nuisance. 

The City of Newberg orders as follows:

  1. Pursuant to the Uniform Nuisance Abatement Procedure set forth in Newberg Municipal Code Section 8, Article IV, the owners of the property located at 3220 E. Hancock Street shall, within 10 days of this determination abate the nuisance at the property by removing the unauthorized driveway.
  1. Abatement must include, at a minimum, the following actions:
  1. Removal of the ramps from the gutter and no longer violate Newberg Municipal Code (NMC) §10.10.070.
  • Effective Date of this order is the day after the adoption date, which is: April 22, 2014.

Adopted by the City Council of the City of Newberg, Oregon, this 21st day of April, 2014.